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Filling in court and case dairy
19-Jul-2025 (In Divorce Law)
Any application, evidence by way of affidavit or any 65 b certificate and evidences presented before court needed to filed before court hearing ?or it can be presented at the time hearing and it comes on record for all parties in case..whts the normal procedure of this in courts ? And is there any provision accused or counsel can take case dairy through court after chargesheet at any stage and whts the procedure?
Normally the applications can be filed anytime before the concerned court that can be taken up on the date fixed by the court. And as far as the opposite party is concerned it can always be taken by them by applying for the certified copy of the same.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Yes, any document, evidence by way of affidavit, or electronic record accompanied by a Section 65B certificate (as per the Indian Evidence Act) should ideally be filed before the court in accordance with the procedure prescribed under the Civil Procedure Code or the relevant personal law. The general practice is to file such documents at the stage of filing evidence by way of affidavit, which usually follows the completion of pleadings and framing of issues. However, with the court’s leave, documents can sometimes be tendered during the course of hearing if justified with proper reasons. Courts retain the discretion to allow or disallow such documents based on fairness and relevance.
Regarding the second part of your query, yes, under Section 207 CrPC, the accused or their counsel is entitled to receive copies of the police report (chargesheet) and all documents relied upon by the prosecution. If the case diary is needed, it may be summoned by the court under Section 172(2) CrPC, but only for the court’s perusal and not as a matter of right for the accused. However, in exceptional circumstances and under judicial discretion, relevant extracts may be referred for contradictions or verification during trial.
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Adv. Amit Kumar Sharma
Adv. Amit Kumar Sharma
Delhi | 25+ Answers
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Please mention your city and court . However court procedure vary place to Place and court to court. Further it also depends upon directions of court as well. In many cases , especially in Delhi courts , court asks to file affidavit with advance copy to opposite side, so that parties get prepared in advance to cross examine the witness. For detailed discussion please feel free to call. Thanks
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Adv. Anuj Ranjan
Adv. Anuj Ranjan
Delhi | 50+ Answers
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Applications, affidavits, and Section 65B certificates (for electronic evidence) are usually filed before the hearing so that they officially become part of the court record and the other side also gets a copy. In some cases, if the court permits, you can submit them during the hearing itself, but the usual and safer practice is to file them in advance.
After the chargesheet is filed, the accused or their lawyer can apply to the court to see or take copies of the case diary and documents (like witness statements). This is done by filing an application under Section 207 or 208 of the CrPC (for supply of documents) or through a formal application requesting inspection. The court then gives permission for inspection or certified copies.
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you can file any application, evidence by way of affidavit or any 65B certificate within the time allowed by the court with advance copyto other side. you can also file it on the date of hearing with the permission of the Court. this is the normal practice. as regard to your second query the accused or his counsel can take the certified copy of case dairy aftercharge sheet is filed in the Court, for that you have to apply for certified copy before the copying agency. जूँ
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Adv. Sanjay Kumar
Adv. Sanjay Kumar
Delhi | 25+ Answers
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